Wills and Estates Law Summit

Whether you’re a planner, administrator, or litigator, elevate your wills and estates practice with this succession law intensive! Delve into critical concerns like trustee responsibilities and potential liabilities alongside maladministration by attorneys, ensuring you understand how to navigate these complex issues effectively. Navigate testamentary trusts and asset protection, while gaining insights into practical steps when dealing with informal wills. As elder abuse becomes increasingly relevant, explore remedies and legal principles to protect vulnerable clients. With 7 CPD units available, make your professional development enhance your practice.

Tuesday, 18 March 2025
Description

Attend and earn 7 CPD units including in Substantive Law  
This program is based on VIC legislation

11.40am to 12.30pm Informal Wills: The Basics and Recent Cases

 

  • Basic principles of admitting an informal will to probate – and differences between formal and informal Wills
  • How to make an application to admit an informal will to probate, including practical tips as to the affidavit in support and submissions
  • Typical scenarios involving informal wills
  • Recent cases illustrating the legal principles in action
  • Informal Wills and multi-jurisdictional estates: lessons from Re Tang 

Presented by Joshua Sheppard, Barrister, Greens List Barristers

Session 2: Estates and Elder Abuse Disputes


Chair: Ines Kallweit, Accredited Specialist in Wills & Estates and a member of the Society of Trust and Estates Practitioners, KHQ Lawyer

2.30pm to 3.20pm Attorneys Behaving (Very) Badly

 

  • Common disputes arising in respect of administration of estates
  • Maladministration by powers of attorney
  • Removal applications
  • Recent case updates
  • Costs orders and compensation 

Presented by Paul Beasant, Principal Lawyer, KCL Law, Leading Estates Litigation Lawyer and Recommended Wills and Estates Lawyer, Doyle’s Guide 2024, and Ainsley Atkins, Senior Associate, KCL Law

3.20pm to 3.35pm Afternoon Tea
3.35pm to 4.25pm Elder Abuse: Guardianship List Remedies and Beyond

 

  • Elder abuse and the realities of VCAT’s Guardianship List
    • Unpacking will and preference
    • Review of recent decisions
  • Undue influence/unconscionable conduct claims
  • Statutory will applications
  • Alternate dispute resolution and non-legal avenues for remedy 

Presented by Hayley Hunter, Suzanne Lyttleton Lawyers, Doyle’s Guide Leading Estate Litigation Lawyer for 2024 and Accredited Specialist in Wills & Estates Law, and Lachlan Einsiedel, Senior Associate, Suzanne Lyttleton Lawyers, Chartered Tax Advisor, Doyle’s Guide Rising Star for Wills and Estates 2024 and Accredited Specialist in Wills & Estates Law

4.25pm to 5.15pm Exercise of Trustees'/Executors'/Superannuation Trustees' Discretion and How to Challenge It

 

  • Grounds upon which discretions exercised by a trustee can be challenged
  • Exercise of discretions granted to a guardian and appointor
  • Practical considerations following the Owies case
  • Death benefits disputes involving the exercise of discretion by a superannuation trustee
  • Exercise of discretion by executors under powers granted under a will and a testamentary trust, including the status of an expression of wishes 

Presented by Dr Philip Bender, Barrister and Nationally Accredited Mediator, List A Barristers

Session 1: Estate Planning and Administration Roundup


Chair: Jennifer Maher, Director, Velocity Legal

9.00am to 9.50am Latest and Greatest Case Law Update


Presented by Tim Staindl, Barrister, Greens List Barristers

9.50am to 10.35am Testamentary Trusts and Asset Protection: Traps and Tips, Facts and Myths

 

  • Asset protection features of testamentary trusts
  • Drafting tips to promote protective features
  • Practical guidance on protective trust administration
  • Preparing at the planning stage to meet future claims 

Presented by Greg Russo, Director of Greg Russo Law, Recommended Lawyer in Wills and Estates, Doyle's Guide 2024

10.35am to 10.50am Morning Tea
10.50am to 11.40am Duties and Responsibilities of Trustees: Avoiding Potential Personal Liability

 

  • Investment duties
  • Good faith in decision making
  • Impartiality
  • Accounting
  • Managing conflicts of interest 

Presented by Shane Newton, Barrister, Lennon’s List Barristers, Leading Junior Counsel in Wills and Estates, Doyle's Guide 2024 

12.30pm to 1.15pm The Removal of an Executor

 

  • Executor duties
  • Legal principles
  • Practice and procedure
  • Recent cases 

Presented by Adam Craig, Barrister, Greens List Barristers

2.00pm to 2.30pm Rule of Forfeiture in Probate: A Contemporary Review

 

  • What is the rule?
  • When and how should one approach the court?
  • Who should approach the court?
  • Common problems and issues in forfeiture applications
  • Analysis by reference to recent decisions of the practical implications for wills and estates practitioners  

Presented by Simon Pitt SC, Barrister, Greens List Barristers, Preeminent Senior Counsel for Wills & Estates Litigation, Doyle’s Guide 2024 

Presenters


Simon Pitt SC, Barrister, Greens List Barristers
Although he has a broad commercial trial-based practice, Simon specialises in complex litigation in the Trusts, Equity and Probate List of the Supreme Court, usually involving questions regarding deceased estates, family trusts, superannuation, the Corporations Act or testamentary capacity. Simon regularly prepares and presents papers in wills and estates; trusts, equity and probate; commercial litigation and Supreme Court practice and procedure. Simon is available to advise and appear in all State and Federal jurisdictions.


Jennifer Maher, Director, Velocity Legal
Jennifer Maher has expertise in advising private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring and succession planning. Jennifer practises extensively in private client services, which incorporates will making, estate planning, estate litigation, trust law, attorneyship, guardianship and aged care. Jennifer has handled a large number of family provision claims and has been involved in numerous estate and trust litigation cases as well as several significant cases in wills, estate and equity matters including cy-près applications. Jennifer has also been appointed as a litigation guardian to protect the interests of minors or persons under a disability, whose interests are affected by a will challenge. Jennifer's clientele includes private clients, businesses, high net worth clients, trustee companies, private and public corporations, private family and business trusts. Jennifer practice also includes assisting families with their aging loved ones, including assisting and advising attorneys and guardians as to their duties, assisting with the transition to aged care and appearing at VCAT in contested administration and guardianship disputes.


Greg Russo, Director, Greg Russo Law
Greg Russo has almost 30 years’ experience in succession planning, administration and litigation and is one of Victoria’s most experienced and respected succession law solicitors. With a background in pure mathematics, Greg not only understands the implications of planning decisions on future taxation, SMSF, trust and estate administration, he is also able to break down complex concepts and structures logically and explain options to clients in a way that empowers them to take positive action and ownership for their decisions. Using the knowledge and insights that he has acquired over three decades; he crafts unique solutions to complex succession problems. Greg teaches both mathematics and law, regularly presents CPD succession events to solicitors, accountants and other professionals in Victoria, Queensland, and online. Greg is an LIV Wills & Estates Accredited Specialist, a chairperson of the LIV Specialist Accreditation Education Advisory Committee, a board member of the Mount Eliza Community Bank, a member of STEP, and is recognised in Doyle’s Guide, in Victoria, as a Leading Wills and Estates Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer.


Adam Craig, Barrister, Greens List Barristers
Adam practices in wills, trusts, equity, probate, tax, and property. He is briefed regularly in testator family maintenance (TFM) disputes in the County Court and the Supreme Court, and in equitable claims, where probate is contested, and in applications involving estate or trust administration. Adam also provides specialist advice in relation to the taxation of trusts and deceased estates.


Ines Kallweit, Principal Lawyer, KHQ Lawyers
Ines Kallweit leads the Wills & Estates team at KHQ Lawyers. She is an Accredited Specialist in Wills & Estates (with the Law Institute of Victoria) and Notary Public. She is also a member of the Society of Trust and Estates Practitioners. Ines advises clients in all areas of estate planning, estate administration and estate litigation. Ines’ practice ranges from estate planning, the preparation of Wills and powers of attorney to complex estate administration and estate litigation. Her broad knowledge in this area and solutions-focused approach allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates. Her estate litigation work involves both defending estates and representing individuals in resolution of disputes involving Wills, property, estate and guardianship matters. Ines’ expertise includes succession planning and asset structuring, advice in relation to and preparation of powers of attorney, appointment of medical treatment decision makers and advanced care directives. She also looks after applications for grants of probate and letters of administration, guardianship & administration matters (including VCAT appearances), will and trust disputes, family provision claims (seeking further provision from deceased estates) and resealing international & interstate grants of probate. Her expertise also includes charitable gifts & cy-prés applications, and complex estate administration (including as court appointed administrator). Ines also has a keen interest in promoting legal education. She has a Master of Teaching and is a former adjunct lecturer at the College of Law. She speaks for various professional development providers including the Law Institute of Victoria, Leo Cussen Institute and Television Education Network. Ines is a native German speaker. Ines is widely regarded as one of the country’s leading practitioners in this area of law, and has been recognised as a preeminent Wills & Estates Litigation Lawyer for Victoria in Doyles Guide for seven consecutive years (2015-2022).


Ainsley Atkins, Senior Associate, KCL Law
Ainsley is a Senior Associate in the Estate Group at KCL Law. Her practice focuses on wills and estate disputes, trust disputes, contested probate applications, and guardianship and administration. She advises private clients, high-net-worth estates and trusts, trustee companies, and professional advisers on a wide range of estate-related matters. Prior to joining KCL Law, she gained experience in estate and civil litigation at a Melbourne law firm. Admitted to practice in 2017, Ainsley holds First Class Honours in Law from Monash University.


Lachlan Einsiedel, Senior Associate, Suzanne Lyttleton Lawyers
Lachlan is an Accredited Specialist in Wills and Estates Law with extensive experience in estate planning, VCAT guardianship and administration, and estate litigation. Recognized as a Rising Star by Doyles Guide in 2023 and 2024, Lachlan holds a Bachelor of Laws and a Bachelor of Commerce (Accounting). As a Chartered Tax Adviser with the Tax Institute of Australia, he uses his expertise to help clients navigate tax considerations in estate planning, administration, and litigation. Lachlan also assists with complex financial investigations and disputes involving tax, estates, trusts, and self-managed superannuation funds.


Tim Staindl, Barrister, Greens List Barristers
Tim has a broad practice across the common, commercial and administrative law. He has particular expertise in equity, trusts and probate. Prior to the Bar, Tim was Senior Lawyer of the Personal Injuries, Institutional Liability, Dust Diseases and Civil Circuit Lists at the Supreme Court of Victoria. Before this, he was Associate to the Honourable Justices McMillan and Gorton. He assisted their Honours in all types of matters within the Common Law Trial Division. Tim began his career as a solicitor at a boutique firm in Hawthorn. Tim is reading with Roslyn Kaye SC and his senior mentor is Georgina Costello KC.


Shane Newton, Barrister, Lennon’s List Barristers
Shane Newton holds a Bachelor of Laws (Hons) degree from the University of Melbourne and was called to the Bar in 1980. He is a Member of the Supreme Court of Victoria Probate Users Committee. Shane is author of 'Protecting a Will' Federation Press, published in 1991 and which deals with the law relating to claims under Part IV of the Administration and Probate Act 1958 (and its analogues in other jurisdictions) as well as other will related topics. He practices exclusively in the Trusts Equity and Probate jurisdiction (including claims under Part IV of the Act) and has done so for more than 30 years and has appeared in a number of significant cases in the jurisdiction.


Joshua Sheppard, Barrister, Greens List Barristers
Joshua practices in trusts, equity and probate at the Victorian Bar, regularly providing advice regarding the validity of wills, the construction of wills and trust deeds, executors’ and trustees’ duties, and the prospects of estoppel and family provision claims. He was an associate to the Honourable Justice Moore of the Supreme Court of Victoria and assisted his Honour with family trusts and wills and estates matters. Prior to being called to the Bar, Joshua practised as a solicitor at Allens and the Victorian Government Solicitor’s Office in litigation.


Paul Beasant, Principal Lawyer, KCL Law
Paul Beasant is Principal Lawyer with KCL Law's Estate Group. He practises principally in wills and estates, guardianship and administration, trusts and asset protection, and is experienced in advising high-net-worth families and individuals in relation to all aspects of wills, estates and trust-, related matters. Paul represents clients in litigated matters involving contested wills, estate disputes, trust disputes and breaches of fiduciary duties. He has handled a large number of contested will claims, and has been involved in numerous estate and trust litigation cases. With a special interest in guardianship and administration matters, Paul advises and acts in applications to VCAT and proceedings to recover assets for elderly clients and clients with a disability. Paul joined KCL Law as a Senior Associate in November 2015 and was appointed as a Special Counsel in July 2017. His experience prior to joining the firm includes working in a full service commercial law firm and in a large trustee company. Paul holds a Bachelor of Commerce and Bachelor of Laws from Deakin University and was admitted to practice in 2007. In 2017 and 2018, Paul was 'recommended' as both a Leading Wills and Estates Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer for Victoria in the Doyles' Wills & Estate Guide and the Doyles' Estates Litigation Guide respectively.


Hayley Hunter, Principal Lawyer, Suzanne Lyttleton Lawyers
Hayley practises exclusively in wills, estates, guardianship and administration, with particular focus on complex litigation matters, both in the Supreme Court and VCAT. Hayley has worked for one of Victoria’s largest trustee companies giving her unique insight into the vulnerabilities of persons under a disability and their needs when under administration. She is an Accredited Specialist in Wills and Estates Law, and was recognised by Doyle’s Guide as a recommended lawyer for Wills and Estates Litigation in 2023 and a leading lawyer for Wills and Estates Litigation in 2024. ‍ Hayley is the Chair of the Law Institute of Victoria’s Elder Law Executive Committee and a director of the Board of Council On the Ageing (COTA) Victoria. She is a passionate advocate against elder abuse and represents the Law Institute at the Elder Abuse and Safeguarding Roundtable, run by the Victorian Government’s Department of Families, Fairness and Housing.


Dr Philip Bender, Barrister and Nationally Accredited Mediator, List A Barristers
Dr Philip Bender is a barrister practising in various areas of commercial and property law, including taxation, superannuation, and trusts. Philip is also a Nationally Accredited Mediator, a Chartered Accountant and a sessional member of an administrative tribunal. In the trusts area, he has acted in matters that involve will/trust deed interpretation, trustee/executor removal applications, breach of trustee/executor duties cases, taxation/duty disputes, and judicial advice. He has also advised and acted in a number of disputes involving charitable trusts, including for the Victorian Attorney-General.

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Wills and Estates Law Summit

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Tuesday, 18 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
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Morning Session
Tuesday, 18 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 18 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here